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The Delta State House of Assembly’s decision to declare the seat of Udu State Constituency lawmaker, Barr. Collins Egbetamah, vacant over his defection from the All Progressives Congress (APC) to the Nigeria Democratic Congress (NDC) has sparked widespread criticism, with political observers, opposition figures and concerned citizens accusing the Assembly of double standards and selective application of the law.

The controversy erupted following Tuesday’s plenary session during which the House considered a motion titled, “Consideration of the Letter from Honourable Member Representing Udu State Constituency Pursuant to Section 109 of the Constitution.”

Presenting the motion, House Leader Emeka Nwaobi informed lawmakers that documentary evidence before the House confirmed Egbetamah’s resignation from the APC and subsequent membership of the NDC while still serving as a legislator.

Relying on Section 109(1)(g) and (2) of the 1999 Constitution (as amended), Speaker Rt. Hon. Emomotimi Guwor ruled that Egbetamah had forfeited his mandate by becoming a member of another political party before the expiration of his tenure. The Speaker subsequently directed the Clerk of the House to notify the Independent National Electoral Commission (INEC) and other relevant authorities to commence the constitutional process for a by-election.

However, the decision immediately triggered a storm of reactions, with critics describing it as an act of political victimisation and legislative hypocrisy.

One of the strongest reactions came from Deacon Fidelis Chimokwu, who described the Assembly’s action as “the most horrendous daylight political victimization hypocrisy of the century in the history of Delta State.”

According to him, the lawmakers were selectively invoking constitutional provisions while ignoring their own political actions.

“I believe that the State House of Assembly behaved with selective impudence and unguarded executive influence hiding under the shield of Section 109(1)(g) of the Constitution,” Chimokwu said.

He questioned the legitimacy of lawmakers who defected from the Peoples Democratic Party (PDP) to the APC, arguing that if the constitutional provision was to be applied fairly, several members of the Assembly, including the Speaker, should also be affected.

Another commentator, Mr. Nwabiani, raised similar concerns, noting that Governor Sheriff Oborevwori, the Assembly leadership and PDP lawmakers who crossed over to the APC retained their positions.

“The Governor, the leadership of Delta State Assembly and all PDP lawmakers defected to APC without their seats being declared vacant. So, is there another law under which the Udu legislator’s seat was declared vacant?” he queried.

Austin, another observer, insisted that the same standard should apply across board, arguing that lawmakers elected on the PDP platform who later joined the APC ought to face similar consequences.

Other political watchers described the development as a classic case of double standards, pointing out that Speaker Guwor and a majority of Assembly members who defected from PDP to APC in 2025 retained their seats, while Egbetamah is now being sanctioned for moving from APC to NDC.

The Nigeria Democratic Congress also condemned the Assembly’s action.

Delta State NDC Secretary, Barr. Philip Adu Odogwu, accused the ruling APC of attempting to stifle opposition politics and promote a one-party system.

“The attitude of the Delta Assembly lawmakers shows that the ruling APC has no respect for democracy. All they are fighting for is coronation. They want a one-party state and that cannot happen,” Odogwu stated.

He further argued that the circumstances surrounding Egbetamah’s defection were linked to alleged internal crises within the APC, adding that original APC members had become marginalized following the influx of defectors from the PDP.

A veteran journalist also weighed in on the controversy, describing the Assembly’s action as “the tantrums of a dying House” and “arrant legislative brigandage.”

He questioned why Governor Oborevwori, who defected from the PDP to the APC after winning election on the PDP platform, continues to occupy office if the constitutional provisions on defection are being interpreted strictly.

“Why is Governor Sheriff Oborevwori still Governor? Why was his seat not declared vacant after taking the PDP mandate to APC?” he asked.

Adding to the growing criticism, the Deputy Chairman of the NDC in Delta State, Dr. Ossai Sylvanus Annantram, described the Assembly’s action as legislative rascality and a dangerous assault on constitutional democracy.

In a statement, Annantram argued that democracy thrives on fairness, consistency and equal application of the law, stressing that selective enforcement of constitutional provisions erodes public confidence in democratic institutions.

He recalled that the Governor and a majority of Assembly members defected from the PDP to the APC without losing their seats and questioned why a different standard was now being applied to Egbetamah.

According to him, the move undermines Nigeria’s multi-party democratic system and raises serious questions about the commitment of political actors to the principles of justice and the rule of law.

As debates continue to rage across political circles, legal experts and political analysts say the controversy could ultimately end up in court, where the interpretation and application of constitutional provisions on political defections may once again come under intense scrutiny.